Bismarck weekly tribune., 1887-02-04
5ment might arise every year and a new
law be asked at every session. N. n

iment might arise every year and a new
law be asked at every session.
~ Mr.. 30 OGERT spoke of an old bond claim
of $$277 600 against Bon Homme county, and
3of Douglas county warrants issued with
out consid deration. He could see no reason
why officers Of the county should be given
any further power. If claims are just they
now have authority to audit them, but the
courts are proper authority to decide as to
any claims the counties are not now au-
thOrized to settle. ;@g #
81 Mr.HUGHES spoke of cases pending
against county treasurers and other officers,
in some of which judgments have been OBJ
tanned, and of other cases, where the de-
mands are against the county, where full
settlement and payment is impossible. 1t
had seemed to the judiciary committee
that for some of such cases the county
commissioners ought to have power con-
ferred to avoid litigation. Their power
was now limited to passing upon questions
relating to the ordinary management of
county affairs. He did not understand that
it was in the scope of the bill to allow a
fraudulent or illegal claim to be settled
and paid. There was nothing unusual or
extraordinary about this bill.
Mr.. SMITH had little fear of fraudulent
claims being allowed. On the statute
six citizens it becomes the district attor-
ney's duty to appeal from any action of
the commissioners which the six citizens
of the county may think prejudicial to
public interests. But he objected to the
previso which makes the bill applicable
only to pre-existing claims; That may be
construed as a piece of jobbery; he didn't
like the looks Of it; it would make the law
a dead letter as to events from the date of
its approval. He moved to strike out the
prOviSO. t s%-
MI. GRIGSBY said there was no general
demand for such. an increase of the powers
of county commissioners, and he thought
it not advisable to enact the bill. with the
provis0 stricken out. He was satisfied no
fraud or wrong was intended by the bill as
it stands, but he was opposed to conferring
such power upon county commissioners.
Mr.. MEAD said it was true an appeal
can be taken by six citizens, but it might
be too late. 1t seemed to him that war
rants should not be drawn on any pay
the proceedings of the commissioners are
published. Otherwise the. settlement may
be made and the money be appropriated
and paid before the citizens have chance
Mr. BODICE declared that the county
commissioners C mn 81 ca can Illegally ISSUE ;qf
s MaFfaf nj e consematsd %s %dhoq5 nothing IS with II
legal or secret. Its principal OBJ
ject was to give relief to the counties along
the line of the Northern Pacific. These
counties have collected taxes on land not
subject to taxation and have sold such lana
for unpaid taxes; and the counties are now
liable for the principal with interest at 80
per cent. Stutsman county can compro-
mise for 10 per cent. interest, thus saving
thousands of dollars. One hundred thou
sand dollars can be saved to these counties.
The bill was copied from the Wisconsin law
and is similar to the law OF New York,
Iowa. California and other states. Law
Yers, at least, understood that the county
promise or discount these claims. The
proviso had been added because some men,
bers Of the Judiciary committee had OBJ
jected to making the law general for the
future. But he held that the commission
ers ought to have this power permanently.
There are sufficient checks against illegal
claims.
Mr.. CAIN would vote for bill covering
tax claims only, but not for the bill as it
is.
The motion to strike out the proviso was
adopted.
Mr.. WASHABAUGH questioned wheth-
er the right Of appeal would go with this
bill. -.
Mr.. HUGHES had no doubt as to the
right of appeal, but to make it plain he
would move an addition, 'subject to the
right of appeal
Mr.. MEAD desired to amend in effect
that no warrant within a fixed period after
settlement.
in explanation OF the bill came under the
provisions of the statute that the county
shall save harmless those from whom it il
legally collects taxes--that they shall get
their money and 80 per cent interest. They
had always paid such claims in their part
of the country. Their commissioners had
said they had no right to give back the
money, and they would only pay 10 per
cent. The claimants had always accepted,
and he didn't know.but that was the best
way. But why not take those special claims
on account of illegal sales of land for taxes
and no others? Why let in all kinds of
claims? There was an old claim of $4,000
in his county, of bonds for their first rail-
road. At least, even if proper, this bill pro-
posed very radical change in the law. 1t
ought to be recommitted.
Mr.. DODGE stated that the amendment
was being prepared and would be submit
ted shortly, which would meet all the OBJ
jections OF the gentleman from Minnehaha
The bill, he said, provides only for uncon-
tested claims and it was carefully guarded.
He would say there was a greater limiUa-
ton on this bill than on any statute in the
books.
Mr.. HUGHES submitted an amendment
making the action of the commissioners
subject to the right of appeal and providing
that no warrant shall be drawn for 800 or
over until twenty days after the publica-
tion OF the minutes containing statement
Of the terms of such settlement.
The amendment was adopted
Mr.. ERICSSON understood the amend
ment as not applying to cases where the
county is creditor. TO give time for further
examination he moved that the bill lay
over as the special order for $3.50 tomorrow.
Mr.. DODGE objected, saving he believed
the council would be no better informed
about the bill tomorrow than now
Mr.. GRIGSBY was frank to say he
thought the council ought not to pass this
bill without further examination and very
careful consideration. The amounts Of
money stated to be involved were large;
we could afford to go little slow and take
time to find out if there is anything wrong.
There was such hurry to put it through he
began to suspect "a niger in the fence"
K Mr.. SMITH did not believe there was
anything wrong about the bill 1t was
r,roporl rry r1od op1 bo fbnnrht - ,,,o.,